Moore v. Cruse et al

Filing 15

REPORT AND RECOMMENDATIONS re 14 MOTION To Compel Judgment by Default filed by John Patrick Moore. It is therefore RECOMMENDED that plaintiff's motion to compel judgment by default be denied. Objections to R&R due by 9/27/2012. Signed by Magistrate Judge Norah McCann King on 09/10/2012. (sr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN PATRICK MOORE,
Plaintiff,
Civil Action 2:12-cv-609
Judge Marbley
Magistrate Judge King

vs.

BRENT CRUSE, et al.,
Defendants.

REPORT AND RECOMMENDATION
Plaintiff has filed a motion to compel judgment by default, Doc. No.
14, arguing that defendants have not responded to the complaint.

To the

contrary, an answer was filed on behalf of all defendants on August 30,
2012, Doc. No. 13,

well within the time authorized.

It is therefore RECOMMENDED that plaintiff’s motion to compel
judgment by default, Doc. No. 14, be denied.

If any party seeks review by the District Judge of this Report and
Recommendation, that party may, within fourteen (14) days, file and serve
on all parties objections to the Report and Recommendation, specifically
designating this Report and Recommendation, and the part thereof in
question, as well as the basis for objection thereto.
§636(b)(1); F.R. Civ. P. 72(b).

28 U.S.C.

Response to objections must be filed

within fourteen (14) days after being served with a copy thereof.

F.R.

Civ. P. 72(b).
The parties are specifically advised that failure to object to the

Report and Recommendation will result in a waiver of the right to de novo
review by the District Judge and of the right to appeal the decision of
the District Court adopting the Report and Recommendation.

See Thomas

v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of Teachers,
Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters,
638 F.2d 947 (6th Cir. 1981).

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
DATE: September 10, 2012

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